2000 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
88-2000 Mar 22 COUNTIES.
PUBLIC PROPERTY.
Letter to The Honorable Robert M. Clayton, III.
89-2000 Mar 22 FIRE PROTECTION DISTRICTS.
VACANCY.
VACANCY IN OFFICE.
Vacancies on boards for fire protection districts are to be filled by remaining board members who have been elected, unless there are less than two elected members, in which instance the vacancy is to be filled by the circuit court.
96-2000 Mar 22 COUNTY COMMISSION.
LEVEE DISTRICTS.
Letter to Mason R. Gebhardt.
97-2000 Mar 22 SUNSHINE LAW.
PURCHASE OF LAND.
A public governmental body may decide in closed session pursuant to Section 610.021(2) RSMo to enter into a contract that includes an option to purchase real estate at a particular price if the consideration for that contract could be affected by discussions in open sessions. However, within seventy two hours of its decision the public governmental body must make public any minutes, votes or records relating to its decision.
98-2000 May 31 SALEX TAX.
UNCLAIMED PROPERTY.
USE TAX.
Letter to Bob Holden.
101-2000 May 31 CITIES, TOWNS AND VILLAGES.
DIVISION OF LIQUOR CONTROL.
LIQUOR.
Section 311.095 RSMo 1999 Supp. does not supersede Section 311.080 RSMo 1994 as it pertains to schools and churches.
102-2000 Mar 22 SCHOOL BOARDS.
SCHOOL BOARD MEETINGS.
SCHOOL PROPERTY.
The board may conduct business with fewer than seven members present or voting. However, to convey school property a vote of at least four members, regardless of how many members are in attendance and are voting, is required.
108-2000 Feb 4 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION.
SCHOOL AID.
SCHOOL DISTRICTS.
SCHOOL FUNDS.
STATE AID.
TAX LEVY.
The term "operating levy" as used in SB 394 refers to the authorized operating levy. Therefore, while the amount actually levied may be less, passage of an operating levy of $2.85 complies with SB 394 and qualifies the school district for the extended repayment period. Further, because the levy needed to offset the monies to be deducted from state aid is less than $2.85, then according to plain language of the statute, the $2.85 levy is required.
111-2000 Mar 22 ARREST.
CITIES, TOWNS AND VILLAGES.
WARRANTS.
WARRANTS FOR ARREST.
Letter to The Honorable Denny J. Merideth III.
114-2000 Jan 6 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed change to Section 571.030, RSMo.
115-2000 Jan 6 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed change to Section 571.080, RSMo.
116-2000 Jan 6 INITIATIVE. Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment revising Article I, §  23.
208-2000 Sept 7 ELECTIONS.
SALES TAX.
TELEPHONE TAX.
The funding by a sales tax of 1/2 percent for an enhanced 9-1-1 and central dispatch system, when approved by the voters pursuant to the ballot question listed herein, although an election irregularity, in the absence of a timely election challenge, is valid.
210-2000 Jan 24 INITIATIVE. Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law amending Section 217.690, RSMo.
212-2000 Jan 24 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition proposal to amend Section 571.030, RSMo.
214-2000 Jan 24 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition proposal to amend Section 571.080, RSMo.
215-2000 Jan 28 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning rail passenger service.
216-2000 Jan 28 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning technology parks.
217-2000 Jan 28 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Section 571.080 of the Missouri Revised Statutes.
219-2000 Feb 4 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment revising Article X and concerning taxation of electricity.
220-2000 Feb 4 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment revising Article X and concerning taxation of electricity and natural gas.
221-2000 Jan 28 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Section 571.030 of the Missouri Revised Statutes.
224-2000 Sept 7 BOARD OF COUNTY VISITORS.
COUNTY OFFICIALS.
LEGAL EXPENSE FUND.
Members of the Board of County Visitors are not immune from liability for their acts as Board members because they are volunteers; however, they have available defenses such as the public duty doctrine and official immunity. Board members are not state officials and are not covered by the provisions of the State Legal Expense Fund.
225-2000 Feb 15 GAMBLING.
GAMBLING DEVICES.
MISSOURI GAMING COMMISSION.
SLOT MACHINES.
Letter to The Honorable May E. Scheve.
226-2000 Feb 17 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Article IV, Section 30 of the Missouri Constitution relating to rail passenger service.
227-2000 Feb 17 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Article IV, Section 36(a) of the Missouri Constitution relating to technology parks.
228-2000 Feb 18 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding technology parks.
229-2000 Feb 18 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding rail passenger service.
230-2000 Feb 18 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to the Missouri Constitution relating to taxation of electricity.
231-2000 Feb 18 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to the Missouri Constitution relating to taxation of electricity and natural gas.
234-2000 Feb 24 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding the taxation of electricity.
235-2000 Sept 7 BOARD OF ALDERMEN.
CITIES, TOWNS AND VILLAGES.
FOURTH CLASS CITIES.
PERSONNEL RECORDS.
The board of aldermen may review the contents of a personnel file of a city's employee if such is necessary to care, manage, or control the city. The authority may be delegated through resolution or ordinance to one or more members of the board.
238-2000 Feb 24 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding the taxation of electricity and natural gas.
239-2000 Mar 22 CITIES,
TOWNS AND VILLAGES.
LAGERS.
PENSIONS.
RETIREMENT.
THIRD-CLASS CITIES.
Letter to Claire C. McCaskill.
241-2000 Mar 3 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law regarding unidentified flying objects.
245-2000 June 5 COLLECTOR.
DEPUTY COLLECTOR.
The chief deputy is not required to resign while running for the office of collector nor is the chief deputy required to resign as chief deputy if elected collector between the election and assuming the office of collector.
250-2000 Mar 20 INITIATIVE. Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning mandatory minimum sentencing.
251-2000 Mar 20 INITIATIVE. Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning the state board of probation and parole.
252-2000 Mar 20 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition proposal relating to unidentified flying objects.
253-2000 Mar 20 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning an initiative petition proposal relating to unidentified flying objects.
254-2000 Sept 7 CAPITAL IMPROVEMENTS SALES TAX.
CITIES, TOWNS AND VILLAGES.
COMPUTER SOFTWARE.
Normally a municipality may not pay for computer software from sales tax revenue authorized under Section 94.577 RSMo 1999 Supp. However, if there are computers dedicated to "maintenance" of a capital improvement for items such as security, climate control, or fire protection, software for such computers may be purchased from such dedicated funding.
255-2000 June 2 BOARD OF VISITORS.
SUNSHINE LAW.
The provisions of Chapter 610 RSMo, the Sunshine Law, applies to a Board of Visitors created by Section 221.320 RSMo.
265-2000 June 12 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo Supp. 1999, relating to bingo game operators.
266-2000 June 14 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo Supp. 1999, relating to compensation and retention of public officers.
267-2000 June 12 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to compensation and retention of public officers.
268-2000 June 12 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to bingo game operators.
274-2000 Sept 7 ARREST REPORTS.
SUNSHINE LAW.
The Sunshine Law requires disclosure of the race of the arrested person and the location of the arrest from an arrest report if that information is contained in the arrest report and the arrest report has not been closed pursuant to the provisions of the Sunshine Law. The status of the records is not affected if they are maintained in an electronic format.
297-2000 Nov 16 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning firefighters, ambulance personnel, and dispatchers having the authority to organize and bargain collectively.
299-2000 Nov 28 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law to amend Section 571.030, RSMo, by The Vermont Project.
301-2000 Dec 6 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to firefighters collective bargaining rights.
303-2000 Dec 6 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., relating to firefighters, ambulance personnel, and dispatchers having the authority to organize and bargain collectively.
315-2000 Dec 15 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 3A.
316-2000 Dec 15 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 4A.
322-2000 Dec 15 INITIATIVE. Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning an initiative petition proposal to amend Section 571.030, RSMo, The Vermont Project.
323-2000 Dec 15 INITIATIVE. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., relating to an initiative petition proposal to amend Section 571.030, RSMo.
324-2000 Dec 22 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 3B.
325-2000 Dec 22 INITIATIVE. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 4B.
329-2000 Dec 29 INITIATIVE. Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law amending Section 195.010 RSMo by Matt Kleinsorge.

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